Homework Assignment No. 4
(Basic Contract Law)
HW Objectives: 1. Develop practical research and critical thinking skills.
Instructions. The following Questions are designed to enhance the Student’s understanding of select contract concepts, including “meeting of the minds,” “implied contracts,” “at will employment contract” and “statute of frauds.” The scenarios set forth are based on actual court cases and you will be expected to read, understand and critically think about the contract principles and actual court decisions in those cases. Your responses must be your own, must be set forth in your own words and should demonstrate substantial knowledge of the causes of action identified in the question.
Section I. A Meeting of the Minds? This Section deals with the common law concepts that determine whether a binding and enforceable contractual agreement between the parties was legally formed. Courts such as the one in the case of In re Plankenhorn, 228 B.R. 638 (N.D. Ohio 1998)(a federal Bankruptcy court in the Northern District of Ohio) will use an objective, reasonable person standard to determine whether a “meeting of the minds” exist. Find the Plankenhorn case using Google Scholar, read it and respond to the following questions. Your Maximum point score for this Section is ten (10) points.
Section II. Implied vs. Express Contracts. This Section requires you to read the case of Roger’s Backhoe Service, Inc. v. Nichols at the end of Chapter 8 of your eText and respond to the following questions regarding the case. Your Maximum point score for this Section is fifteen (15) points.
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